dismissed EB-2 NIW Case: Nursing

U.S. Citizenship 
and Immigration 
Services 
In Re: 11244070 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 20, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a nursing coordinator, seeks second preference immigrant classification as a member 
of the professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2) . 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree but that the Petitioner 
had not established that a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S .C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences arts or business. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
Section 203 (b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who 
are members of the professions holding advanced degrees or their 
equivalent or who because of their exceptional ability in the sciences, arts, 
or business, will substantially benefit prospectively the national economy, 
cultural or educational interests, or welfare of the United States, and whose 
services in the sciences, arts, professions, or business are sought by an 
employer in the United States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... the Attorney General may, when the 
Attorney General deems it to be in the national interest, waive the 
requirements of subparagraph (A) that an alien's services in the 
sciences, arts, professions, or business be sought by an employer in the 
United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that, after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as a 
matter of discretion, grant a national interest waiver if the petitioner demonstrates: ( 1) that the foreign 
national's proposed endeavor has both substantial merit and national importance; (2) that the foreign 
national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas 
such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 
considered must, taken together, indicate that on balance, it would be beneficial to the United States 
to waive the requirements of a job offer and thus of a labor certification. 2 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. Although the Director found substantial merit in the proposed endeavor in the field of nursing 
coordination, the Director concluded that the record does not establish that the Petitioner's endeavor 
has national importance. The Director also concluded the record did not satisfy the second and third 
Dhanasar prongs. For the reasons discussed below, the Petitioner has not established that a waiver of 
the requirement of a job offer is warranted. 
The Petitioner initially described the endeavor as a plan "to work with a health care facility to provide 
expert advice and management services." The Petitioner also stated that she would "[p ]rovide training 
to professionals in the field"; "[ m ]onitor and manage other therapists, assistants, and others involved 
in the diagnosis and recovery process"; and "[p ]rovide professional services in public and private 
healthcare service quality management." The Petitioner asserted that the endeavor "is of national 
importance to the U.S. because there is a severe shortage of professionals in my field and because 
individuals will be spending less time in hospitals, and learning to manage their pain, allowing them 
to contribute to the economy and society." 
In response to the Director's request for evidence, the Petitioner rephrased the endeavor as a plan "to 
offer my expertise to U.S. hospitals and clinics to coordinate, train, and guide their nurses, nurse 
technicians, and other medical staff." The Petitioner also asserted she would "offer my expertise as a 
highly educated and experienced nurse, to diagnose and treat acute, episodic, and chronic illnesses, 
either independently or as a part of a multidisciplinary team." The Petitioner further asserted she 
would "continu[ e] to stay up to date on the field, researching and better understanding the most 
advanced and innovative treatments and nursing techniques, and then implementing those treatments 
and techniques for the benefit of my patients, as well as the hospitals and clinics that I serve." 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing that "the [P]etitioner has not demonstrated that the potential 
prospective impact of her work as a nursing coordinator for a medical facility will broadly impact the 
field or health care at a level contemplated by Dhanasar." 
On appeal, the Petitioner summarizes her prior work experience and education. She also provides 
general information about the field of nursing and healthcare, and general information about the 
COVID-19 pandemic. The Petitioner also cites reports about a general shortage of nursing 
professionals and educators, and about the lack of access to healthcare by certain communities. The 
Petitioner asserts that the "proposed endeavor is of national importance because it impacts healthcare 
matters that several state governments have described as having national importance, and improves, 
the [sic] healthcare provided in the United States, assisting to respond to a known, and widely 
discussed national crisis." 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
A petitioner must establish eligibility at the time of filing a nonimmigrant visa petition. 8 C.F.R. 
§ 103 .2(b )(1 ). A visa petition may not be approved at a future date after the petitioner or beneficiary 
becomes eligible under a new set of facts. See Matter of Michelin Tire Corp., 17 I&N Dec. 248 (Reg'l 
Comm'r 1978). 
The Petitioner filed the petition in March 2018, before the COVID-19 pandemic. References in the 
record to the COVID-19 pandemic, arising after the petition filing date, relate to a new set of facts that 
did not exist as of the petition filing date. Accordingly, the Petitioner's references to the COVID-19 
pandemic may not establish eligibility. 8 C.F.R. § 103.2(b)(l); see also Matter of Michelin Tire Corp., 
17 I&N Dec. 248. 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 
889. Dhanasar provided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances" and endeavors that 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
The Petitioner's endeavor of nursing and nursing coordination benefits the Petitioner's healthcare 
employer and patients; however, the record does not establish how the endeavor would have broader 
implications in terms of significant potential to employ U.S. workers or have substantial positive 
economic effects, beyond the Petitioner's employer and patients, as contemplated by the first 
Dhanasar prong. See Dhanasar, 26 I&N Dec. at 889. Petitioners bear the burden of articulating how 
they satisfy eligibility criteria. See section 291 of the Act, 8 U.S.C. § 1361. The Petitioner's 
statements on appeal regarding her expertise and prior career accomplishments do not address how 
the proposed endeavor has broader implications beyond her immediate employer and patients. 
Moreover, the Petitioner's focus on appeal on the importance of the fields of nursing and healthcare, 
and generalized shortages, do not address aspects of the specific endeavor and how the performance 
of the planned activities under the endeavor would have broader implications, rising to the level of 
national importance as contemplated by Dhanasar. See id. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong, and therefore is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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